Elliott v. Shaw
California Supreme Court
Appeal from the Twelfth District. Suit against the drawer of a bill of exchange. Defendant appeals from the order denying the motion to set aside the judgment.
1Opinion of the CourtField, C. J.
Baldwin, J. and Cope, J. concurring.
Judgment in this case was entered by default, and the motion to open the same was denied. The excuse proffered by the defendant, in the affidavit upon which the motion was made, for his failure to plead —that he was under the impression, when he retained counsel in the case, that the time to answer had not expired; that he did not recollect the precise day upon which the summons and complaint were served; and that he was quite ill at the time, and did not as carefully *378note the time as he otherwise would have done—was entirely insufficient. It does not…
2Cited by5 opinions
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- Horton v. New Pass Gold & Silver Mining Co.Nevada Supreme Court · 1891